725 ILCS 168/10

Current through Public Act 103-1052
Section 725 ILCS 168/10 - Court authorization

Except as provided in Section 15, a law enforcement agency shall not obtain location information pertaining to a person or his or her effects without first obtaining a court order under Section 108-4 of the Code of Criminal Procedure of 1963 based on probable cause to believe that the person whose location information is sought has committed, is committing, or is about to commit a crime or the effect is evidence of a crime, or if the location information is authorized under an arrest warrant issued under Section 107-9 of the Code of Criminal Procedure of 1963 to aid in the apprehension or the arrest of the person named in the arrest warrant. An order issued under a finding of probable cause under this Section must be limited to a period of 60 days, renewable by the judge upon a showing of good cause for subsequent periods of 60 days. A court may grant a law enforcement entity's request to obtain location information under this Section through testimony made by electronic means using a simultaneous video and audio transmission between the requestor and a judge, based on sworn testimony communicated in the transmission. The entity making the request, and the court authorizing the request shall follow the procedure under subsection (c) of Section 108-4 of the Code of Criminal Procedure of 1963 which authorizes the electronic issuance of search warrants.

725 ILCS 168/10

Amended by P.A. 101-0460,§ 5, eff. 8/23/2019.
Amended by P.A. 099-0798,§ 5, eff. 1/1/2017.
Added by P.A. 098-1104,§ 10, eff. 8/26/2014.